The U.S. Court of Appeals for the Second Circuit recently held that a debt collector’s settlement offer must indicate whether interest and fees are continuing to accrue on the outstanding debt, or alternatively, whether payment of the settlement amount by ... Read full article
As in lots of things, timing can be everything. Timing is important in music, comedy, athletics, you name it. ... Read full article
The Eleventh Circuit recently addressed three issues of first impression in the Circuit regarding the application of the Fair Debt Collection Practices Act (FDCPA) to letters to consumers’ lawyers. Not surprising ... Read full article
In the last couple of years, claims against creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA) have become a hot item in Bankruptcy Courts. One such question is whether the filing of a pr ... Read full article
If you have never heard the term “debt buyer,” you might be amazed to learn that large companies exist solely for the purpose of buying and selling consumer debt. These companies buy and sell billions of dollars of debt. Some are part of public companies ... Read full article
This month's Fifth Circuit report doesn't have a lot of bankruptcy sizzle: an interesting case on abstention and remand, two unpublished cases about how not to reserve a claim under a plan and a case about suing a trustee. However, there are ... Read full article
The Supreme Court issued a second opinion arising from the seemingly endless litigation over claims against the estate of the late Pierce Marshall (Anna Nicole’s elderly husband of one year before his death). In this 5-4 split opinion released yesterday ... Read full article
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